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How to Assert FELA Compensation for Railroad Worker Injury

By Edited May 29, 2015 0 0

The government has recognized the increasing contribution of railroad workers in the workforce and economy. The government has stipulated the Federal Employers Liability Act (FELA) to provide assistance and protection for railroad workers.

FELA provides compensation for injuries incurred by railroad workers while performing their duties. The family or representative of the injured victim may file the claim directly with the employer or company. Claims may also be filed in state or federal courts. You may need to provide a legal basis for your claims and establish the negligent act of the employer.

Establishing fault for Railroad Worker Injury

You need to provide evidence that the railroad company or management has failed to exercise safety precaution or prevent known dangers. Present supporting documents that such negligent act caused the accident, leading to your injuries.

You can also assert that the employer has failed to provide a safe working environment for the injured worker.

FELA lists the following responsibility of railroad employers:

1. Ensure that the workplace is free from potential or known dangers

2. Train workers on how to safely conduct their duties and functions

3. Provide protection against intentional misconduct of other employees or superiors

4. Implement safety rules

5. Adhere to safety regulations of federal and state

6. Monitor railroad workers against abusive work quotas

FELA claim can be less stern in requiring evidence to receive compensation for injuries. You may only be required to show enough documents to prove that such negligent act happened which led to real injuries. This light process is also referred to as "featherweight" evidence.

Railroad employers are required to abide with existing safety laws such as:

1. Occupational Safety and Health Administration (OSHA) regulations

2. Safety Appliance Act

3. Boiler Inspection Act

If you are able to win your case, you will receive compensation for your:

  1. Medical and hospital expenses

  2. Mental and physical therapy

  3. Pain and suffering or emotional loss

  4. Loss income

On the other hand, if you are the owner of the railroad company and you need defense for the allegation of the plaintiff; you may assert the Comparative Negligence Defense theory.

It enables you to provide evidence and establish that the owner's own negligent act or fault led to his or her own injuries. This will enable you to pay only a percentage of the damages.

Consult with a Personal Injury Lawyer in Los Angeles today.



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